GARCIA OLIVERA v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Daniel GARCIA OLIVERA, aka Daniel Olivera Garcia, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 17-71251

Decided: April 22, 2019

Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.

Bernardo Lopez, Esquire, Attorney, Mexus Law, A Professional Corp., Glendale, CA, for Petitioner Sharon Michele Clay, Esquire, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

MEMORANDUM **

Daniel Garcia Olivera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

Garcia Olivera’s due process claim fails for lack of prejudice, where he does not address how any incompetent interpretation at his hearing prevented him from presenting evidence or testimony relevant to the issue of exceptional and extremely unusual hardship to a qualifying relative. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009) (“To establish a due process violation, a petitioner must show that defects in translation prejudiced the outcome of the hearing.”).

PETITION FOR REVIEW DENIED.

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